Fraudulent use of my photography
I was browsing the web a few weeks ago, looking at a Wedding Wire forum:
http://www.weddingwire.com/wedding-forums
Curiously, I noticed a vendor’s profile picture looked like an image I had shot in Portland. After a little research, I found the original image. This person was using my photograph!
I was a little perturbed. Not only were they using my photograph, they were using it as the first image in their slideshow! Their wedding photography slideshow!
In some sense, I should be flattered. After all, the New Dictionary of Cultural Literacy, Third Edition. 2002, says:
To imitate someone is to pay the person a genuine compliment—often an unintended compliment.
However, I do not think the unethical use of my photography is amusing, or complimentary.
When I contacted this photographer and told him to remove my picture, he responded with several phone calls, all of which became more and more threatening. He claimed he had the copyright to the image and could use it for whatever he wanted. He refused to remove the image, at least initially.
I do license a selection of my photographs through various stock agencies. For example, see my images on Alamy
Licensing an image does NOT transfer the copyright. I, as the person who created the image, ALWAYS hold the copyright to the photograph.
This photographer was using my image in his wedding slideshow, with no mention that this was an image purchased through a stock agency and that he was not the copyright holder. In addition, I have also identified five images on the slideshow that were purchased through the same agency. This is highly unethical.
Note: As of 4/22/09 this person had removed all but two images from his slideshow that I have identified were NOT shot by him/her.
He did purchase the license for the image. However, you cannot take someone else’s photograph and represent it as your own. That is illegal. I hope, for his sake, that he removes the images from his website & portfolio before a bride sues him for fraud. Especially if she hires him on the strength of “his” photographs.
Unfortunately, the internet makes it easy to “get” everything, legally or illegally; music, programs, and photographs. This is the second time this has happened to my company within the past year- earlier this year someone tried to apply for a job as a second photographer with Marc Pagani in Chicago. This person’s portfolio consisted of my photographs. Luckily, Marc recognized my pictures and contacted me! The offender apologized profusely when I threatened legal action.
My advice for any bride’s who read this post follow:
1. Request references and contact them! Make sure the photographs they were shown in the porfolio and websites & their final product looked similar in style and quality.
2. See an entire wedding from start to finish! It would be difficult to “get” several hundred pictures from a single wedding w/o shooting it yourself.
3. Call the Better Business Bureau.
4. Search the person’s name and company on the internet.
5. Scrutinize the details in the contract. As we speak, I am going to amend my contract to state that ALL the pictures I show on my website or portfolios were shot directly by myself or associates.
Please respect copyright laws and do not allow unscrupulous people to use the images illegally. If you upload your wedding images to the web, please watermark them to prevent this from happening.
Sincerely,
Ryan
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